R597-3-3. Courtroom Observation

  (1) Courtroom observations shall be conducted according to the evaluation cycles described in R597-3-1(1) and R597-3-1(2).

  (2) Courtroom observers shall be volunteers, recruited by the commission through public outreach and advertising.

  (3) For the purpose of courtroom observation, commission staff shall:

  (a) notify each judge at the beginning of each survey cycle of the courtroom observation process and of the observation instrument to be used by the courtroom observers; and

  (b) select courtroom observers based on written applications and an interview process.

  (4) Only the summary of the individual courtroom observation reports shall be included in the retention report published for each judge.

  (5) Individuals with a broad and varied range of life experiences shall be sought to volunteer as courtroom observers, except that the following individuals may be excluded from eligibility:

  (a) individuals who currently have, or have previously had, professional or personal involvement with the court system or the judge;

  (b) individuals with a fiduciary relationship with the judge;

  (c) individuals within a third degree of relationship with a state or justice court judge (grandparents, parents or parents-in-law, aunts or uncles, children, nieces and nephews and their spouses);

  (d) individuals lacking computer access or basic computer literacy skills;

  (e) individuals currently involved in litigation in state or justice courts; or

  (f) individuals whose background or experience suggests they may have a bias that would prevent them from objectively serving in the courtroom observation program.

  (6) Courtroom observers shall:

  (a) serve at the will of the commission staff;

  (b) refrain from disclosing the content of their courtroom evaluations in any form or to any person except as designated by the commission;

  (c) satisfactorily complete a courtroom observation training program developed by the commission before engaging in courtroom observation;

  (d) conduct in-person courtroom observations for each judge they are assigned to observe, for a minimum of two hours while court is in session; and

  (e) upon completion of the observation of a judge, complete the observation instrument, which will be electronically transferred to commission staff.

  (7) Courtroom observations may be completed in one sitting or over several courtroom visits.

  (8) The commission shall develop a courtroom observation training program that shall include:

  (a) orientation and overview of commission processes and the courtroom observation program;

  (b) classroom training addressing each level of court;

  (c) in-court group observations, with subsequent classroom discussions, for each level of court;

  (d) training on proper use of the observation instrument;

  (e) training on confidentiality and non-disclosure issues; and

  (f) such other periodic trainings as are necessary for effective observations.

  (9) During each midterm and retention evaluation cycle, a minimum of four different courtroom observers shall observe each judge subject to that evaluation cycle.

  (10) Courtroom observers may observe a judge sitting in more than one geographic location or a justice court judge serving in more than one jurisdiction, in any location or combination of locations in which the judge holds court.

  (11) Courtroom observers, though volunteers, may be eligible to receive compensation in exchange for successful completion of a specified amount of additional courtroom observation work.

  (12) Courtroom observers shall evaluate the judicial behavior observed in court as it relates to procedural fairness by responding in narrative form to principles and behavioral standards which shall include:

  (a) neutrality, including but not limited to the judge:

  (i) displaying fairness and impartiality toward all court participants;

  (ii) acting as a fair and principled decision maker who applies rules consistently across court participants and cases;

  (iii) explaining transparently and openly how rules are applied and how decisions are reached; and

  (iv) listening carefully and impartially;

  (b) respect, including but not limited to the judge:

  (i) demonstrating courtesy toward attorneys, court staff, and others in the court;

  (ii) treating all people with dignity;

  (iii) helping interested parties understand decisions and what the parties must do as a result;

  (iv) maintaining decorum in the courtroom;

  (v) demonstrating adequate preparation to hear scheduled cases;

  (vi) acting in the interests of the parties, not out of demonstrated personal prejudices;

  (vii) managing caseflow efficiently and demonstrating awareness of the effect of delay on court participants; and

  (viii) demonstrating interest in the needs, problems, and concerns of court participants;

  (c) voice, including but not limited to the judge:

  (i) giving parties the opportunity, where appropriate, to give voice to their perspectives or situations and demonstrating that they have been heard;

  (ii) behaving in a manner that demonstrates full consideration of the case as presented through witnesses, arguments, pleadings, and other documents; and

  (iii) attending, where appropriate, to the participants' comprehension of the proceedings;

  (d) any other questions necessary to help the commission assess the overall performance of the judge with respect to procedural fairness.